IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000688
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his previous request for a second award of the Purple Heart.
2. The applicant states he is providing new evidence that was not previously considered.
3. The applicant provides a statement of support, a photograph, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and DD Form 215 (Correction to DD Form 214).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013671, on 7 February 2013.
2. As new evidence, the applicant provides:
a. A statement of support, undated, wherein now retired Lieutenant Colonel (LTC) JFR stated that on 25 December 1966 while serving in Vietnam with the 282nd Aviation Company he and his crewmembers extracted the applicant and a South Vietnamese observer from his aircraft. The aircraft had been shot down by Viet Cong small arms fire and was destroyed. The applicant and an observer were taken to a Marine Corps field hospital and the applicant was further evacuated to the major hospital about 100 miles to the rear. The applicant was treated for his wounds and injuries and after being cleared for duty on or about 15 January 1967, he returned to his unit.
b. A photograph, undated, depicting six military personnel in uniform, wherein an individual wearing a name tag with the same last name as the applicant is shown with what appears to be a black eye and/or bruises around his right eye.
3. Having had prior enlisted service, on 14 September 1965 the applicant was appointed as a U.S. Army Reserve Warrant Officer One with a concurrent call to active duty and he entered active duty on that date.
4. He served in Vietnam as follows:
* 10 August 1966 - 6 August 1967, while assigned to the 220th Aviation Company
* 15 June 1969 - 4 June 1970, while assigned to the 225th Aviation Company
5. His record contains a DA Form 750 (Individual Flight Record-Army Aviator) covering the period 1 December 1966 to 20 February 1967. This record shows, in part, he flew missions in Vietnam on 25 December 1966, on 8, 12, 13, 14, 16, 17, 18 January 1967, and on 5 additional days in January 1967. Item 25 (Remarks) of the DA Form 750 contains the entry, "Pilot had major accident on 25 December 1966 in O1D (Aircraft) due to engine failure with no suitable forced landing field" (emphasis added). Captain JHS, the Operations Officer, 220th Aviation Company, authenticated this form by placing his signature block in item 25 and signing the form.
6. The applicant's name is listed on the Vietnam casualty roster as being wounded in action on 13 July 1967.
7. He was retired from active duty on 31 May 1986 and transferred to the Retired List on 1 June 1986.
8. The DD Form 214 he was issued for the period ending 31 May 1986 did not show the Purple Heart. His record does not contain orders for the Purple Heart.
9. On 7 February 2013, his request for one award of the Purple Heart was granted and his request for a second award of the Purple Heart was denied.
10. A DD Form 215, dated 18 March 2013, added the Purple Heart and additional awards to his DD Form 214.
11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The evidence of record confirms the applicant was wounded/injured in action as a result of enemy action on 13 July 1967 and he was subsequently awarded the Purple Heart for this injury.
3. However, notwithstanding his sincerity and the statement provided by LTC JFR, he has not provided conclusive evidence that shows he was wounded/injured as a result of enemy action on 25 December 1966. In addition, the DA Form 750 in his record stated he was involved in an aircraft accident on 25 December 1966 due to engine failure; it did not state the accident was a result of enemy action.
4. In view of the foregoing, there is insufficient evidence upon which to base award of the Purple Heart (2nd Award) in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120013671, dated 7 February 2013.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140000688
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ABCMR Record of Proceedings (cont) AR20140000688
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